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This provides details of our Standards of Service as well as a plain english explanation of how bookings and contracts work, the full text of our terms of business and commission policy. These were last modified in April 2004.
WHAT IS C.E.S.?
C.E.S is a trading style of Complete Entertainment Services, a uk Soloe Trader Company. C.E.S. operates as an Employment Agency and Employment Business specialising in the Entertainment Industry, working under the terms of the Employment Agencies Act 1973 and the Employment Agencies and Employment Businesses Regulations 2003 (as amended). C.E.S. is legally entitled to provide services for the purpose of supplying employers with workers (referred to in this document as Artistes).
In its capacity as an Employment Agency, C.E.S. is neither an Artiste nor an Employer. It generally arranges engagements between the two parties thus forming contracts between the Artistes and the Employers.
Complete Entertainment Services Ltd has other business interests and trading styles in addition to its Employment operation.
Terms of Business
1) a) This agency charges its artistes a fee equivalent to an agreed percentage of the contracted fee receivable by the artiste, in accordance with our Commission Policy Statement. We will also collect any applicable tax (for example VAT) which is due under English Law. We make no charge whatsoever to the promoter in normal circumstances.
b) The fee (commission) will still be due if the artiste fails to appear, said non-appearance being as a result of action of the artiste.
c) Cancellation of contracts negotiated through C.E.S. is not normally possible without the agreement of all concerned parties. In the event of cancellation by either party without cause of illness or other unavoidable circumstances, we reserve the right to levy a charge of up to 15% against the cancelling party, to cover the additional expenses involved in the said cancellation. This is in addition to any amounts that may be payable by either party under the terms of the said contract.
2) Commission and monies owed to this agency shall be remitted within 7 (seven) days of the engagement. In the case of payments via this agency, payment will be made within 7 (seven) days of receipt of cleared funds. This agency reserves the right to deduct monies due to the agency from any monies due to any artiste, and forward any balance.
3) In order to ensure that there are no non-appearances or let downs, all verbal agreements are confirmed by the signing of a legally binding contract. In the event of very short notice bookings, the written contract may be sent after the event for your records.
4) Whilst we cannot accept responsibility for non-fulfilment or breach of any contract, every reasonable safeguard is assured. Wherever possible in such cases, we will replace the act or engagement or artiste with one of similar price and quality.
5) The display and/or presentation of any artiste's address and/or telephone number at an engagement negotiated through this agency shall be regarded as a breach of contract, and may render the artiste liable to pay severe damages in respect of that breach.
6) Any contract negotiated through this agency shall be subject to these terms of business unless otherwise agreed in writing between all concerned parties. In particular, any conflicting terms of business shall have no effect. The document "Commission Policy" forms part of these terms, and must be read and construed as such. All contracts to which these conditions apply shall be construed in accordance with English Law.
7) No servant or agent of this agency has the power to vary these terms and conditions.
8) Whenever the context so admits, words importing the singular number shall include the plural and vice versa.
C.E.S. Commission Policy
C.E.S. normally charges its artistes a commission, agreed in advance with the artistes, which is ALWAYS quoted NETT OF PROMPT PAYMENT DISCOUNT.
Discount may be claimed only if payment is made within SEVEN DAYS of the date of booking or the date of the artiste’s receipt of payment, whichever is the later. It is may be claimed only when an account is in order (i.e. no outstanding amounts are due).
All commissions will be invoiced as if they were paid later than seven days, with the amount of discount that may be claimed clearly indicated on each Invoice. Any Statements will show only the gross commission.
For example, a booking for £100.00 at 10% nett would be invoiced at £15.00. A discount of £5.00 would be available for payment within 7 (seven) days, so if the Artiste paid within that time they would only pay £10.00. Similarly a £200.00 split commission booking with commission agreed at 15% nett would be invoiced at £45.00. A discount of £15.00 would be available for payment within 7 (seven) days, so if the Artiste paid within that time they would only pay £30.00.
Any appropriate taxes (for example Value Added Tax) will be charged at the applicable rate. At the time of writing C.E.S. is registered for VAT purposes and regulations require that VAT be charged at the rate of 17.5% on the discounted amount of our fee. Therefore in the first instance above the invoiced amount would be £15.00 plus VAT on the discounted amount of £10.00 (£1.75) making an invoice total of £16.75 including VAT. If paid within 7 days the amount payable would be £11.75 including VAT.
Invoices will be automatically modified as required by Law to allow for any changes made by Government to taxation regulations. This is beyond our control and could in some circumstances change the amount you will have to pay even after a contract has been negotiated and our fee agreed, for example if the standard rate of VAT changes. At the time of writing we are not aware of any proposal by Government to change the current taxation regime.
The date of payment shall be:
¨ In the case of payment by post, the date of the postmark on the envelope.
¨ In the case of payment in person, the date on which the amount is physically paid.
All accounts with overdue balances that exceed 30 (Thirty) days will be subject to Statutory Interest at the rate approved by the Government from time to time together with appropriate Administration Charges.
No responsibility can be accepted for cash posted through our letter box. If it is stolen or for any other reason we do not receive it, you will have to pay again. We therefore recommend that you either pay by cheque, or else ensure that you physically hand your cash to a member of staff or a person whose name you can take to ensure that such payments can be traced.
Monies owing to Artistes via this agency will be paid within seven days of receipt of cleared funds.